Kerala High Court
Unnikrishnan P.D vs Union Of India on 7 May, 2024
Author: P Gopinath
Bench: P Gopinath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE GOPINATH P.
&
THE HONOURABLE MR. JUSTICE SYAM KUMAR V.M.
TUESDAY, THE 7TH DAY OF MAY 2024 / 17TH VAISAKHA, 1946
OP (CAT) NO. 79 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 10.01.2024 IN MA NO.1059
OF 2023 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER
UNNIKRISHNAN P.D.
AGED 63 YEARS
S/O. V.DAMODARAN(LATE), [RETIRED SENIOR TECHNICAL
ASSISTANT, OFFICE OF THE REGISTRAR OF COMPANIES,
COMPANY LAW BHAVAN, THRIKKAKARA.P.O., KOCHI - 682
021], RESIDING AT: ANILA NIVAS, KOONJATHU LANE,
PADIVATTOM, EDAPPALLY SOUTH.P.O.,
KOCHI, PIN - 682024
BY ADVS.
T.C.GOVINDASWAMY
KALA T.GOPI
KAILESH T. GOPI
NISHITHA BALACHANDRAN
MAMATHA S. ANILKUMAR
RESPONDENTS
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
INDIA, MINISTRY OF CORPORATE AFFAIRS, SHASTRI
BHAVAN, DR RAJENDRA PRASAD ROAD, NEW DELHI, PIN -
110001
2 THE REGIONAL DIRECTOR (SOUTHERN REGION),
MINISTRY OF CORPORATE AFFAIRS, 5TH FLOOR, SHASTRI
BHAVAN, 26 HADDOWS ROAD, CHENNAI, PIN - 600006
3 REGISTRAR OF COMPANIES
MINISTRY OF CORPORATE AFFAIRS, COMPANY LAW
BHAVAN, BMC ROAD, THRIKKAKARA.P.O., KOCHI,
PIN - 682021
SRI.K.S.PREMJITH KUMAR CGC.
THIS OP (CAT) HAVING COME UP FOR ADMISSION ON
07.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P(CAT)No.79 of 2024 2
JUDGMENT
============
Dated this the 7th day of May, 2024
Gopinath P., J.
This Original Petition has been filed challenging Ext.P9
order in M.A. No.1059 of 2023 in O.A.No.180/48/2022 on file
of the Central Administrative Tribunal, Ernakulam Bench.
Through Ext.P9 order dated 10.01.2024, M.A.No.1059 of 2023
which was an application for amendment has been adjourned
to be considered along with O.A at the time of final hearing.
2. The apprehension of the learned counsel for the
petitioner appears to be that if the application for amendment
is adjourned to the listed along with the main O.A., the
application for amendment will not be considered on merits.
3. Having heard the learned counsel for the petitioner
and the learned Central Government Counsel appearing for
the respondents, we find no basis for the apprehension
expressed by the learned counsel for the petitioner. We are
sure that the application for amendment will be considered on
merits by the Central Administrative Tribunal, whenever it is
taken up for consideration, along with the main original
application.
This original petition will stand dismissed with the above
observation.
Sd/-
GOPINATH P.
JUDGE
Sd/-
SYAM KUMAR V.M.
JUDGE
smm
APPENDIX OF OP (CAT) 79/2024
PETITIONER ANNEXURES
Annexure-A1 TRUE COPY OF THE O.M. NO.A-
38020/2/2020-AD.II-MCA DATED
03.11.2020, ISSUED FROM THE OFFICE OF
THE 1ST RESPONDENT.
Annexure-A2 TRUE COPY OF THE PANEL WAS PUBLISHED BY
THE RESPONDENTS IN JANUARY, 2000.
Annexure-A3 TRUE COPY OF THE LETTER NO.1(48)94
DATED 28.01.2000, ISSUED FROM THE
OFFICE OF THE 2ND RESPONDENT.
Annexure-A4 A TRUE COPY OF THE LETTER DATED
02.02.2000 SUBMITTED BY THE APPLICANT
TO THE 2ND RESPONDENT.
Annexure-A5 A TRUE COPY OF THE REPRESENTATION DATED
24.01.2003 ADDRESSED TO THE 2ND
RESPONDENT.
Annexure-A6 A TRUE COPY OF REPRESENTATION DATED
31.07.2003 ADDRESSED TO THE 2ND
RESPONDENT.
Annexure-A7 A TRUE COPY OF THE OFFICE MEMORANDUM
F.NO.1(48)/2004 DATED 3RD SEPTEMBER,
2004 ISSUED BY THE 2ND RESPONDENT.
Annexure-A8 A TRUE COPY OF THE ORDER BEARING
F.NO.1(77)/2009 DATED 22.04.2009,
ISSUED BY THE 2ND RESPONDENT
Annexure-A9 A TRUE COPY OF THE JUDGMENT OF HO'BLE
HIGH COURT OF DELHI IN W.P.(C)
NO.756/2020 JUDGMENT DATED 28.01.2020
Annexure-A10 A TRUE COPY OF THE ORDER OF PRINCIPAL
BENCH OF THE HON'BLE C.A.T IN
O.A.NO.3794/2018 DATED 16TH SEPTEMBER,
2019.
Annexure-A11 A TRUE COPY OF A TRUE COPY OF THE ORDER
BEARING NO.57/04/2019/P&PW(B) DATED
17.02.2020 ISSUED BY THE DOP&PW, NEW
DELHI.
Annexure-A12 A TRUE COPY OF THE APPLICANT'S OPTION
DATED 22.05.2020 ADDRESSED TO THE 2ND
RESPONDENT.
Annexure-A13 TRUE COPY OF THE JUDGMENT OF HON'BLE
HIGH COURT OF DELHI IN W.P.(C)
NO.8208/2020 DATED 15TH JANUARY, 2021.
Annexure-A14 TRUE COPY OF THE JUDGMENT OF HON'BLE
APEX COURT IN SPECIAL LEAVE TO
APPEAL(C) NO.8985/2021 DATED
19.07.2021.
Annexure-R1(A) TRUE COPY OF THE OFFICE ORDER
NO.1(81)/2004 DATED 10.09.2004.
Annexure-R1(B) TRUE COPY OF THE RELEVANT FILE NOTING
CONTAINED IN F.NO.1(48)/2004.
Annexure R1(c) TRUE PHOTOCOPY OF THE LETTER NO.A-
12013/1/99-AD.II DATED 01.10.1999 ALONG
WITH TYPED COPY.
Annexure-A15 A TRUE COPY OF THE DOP&PW HAS NOW
ISSUED ANOTHER O.M. BEARING
NO.57/05/2021-P&PW(B) DATED 03.03.2023.
Annexure-A16 A TRUE COPY OF THE
REPRESENTATION/OPTION DATED 20.03.2023
SUBMITTED BY THE APPLICANT ADDRESSED TO
THE SECOND RESPONDENT.
Annexure-A17 A TRUE COPY OF THE ORDER BEARING
NO.ROC.K/ESTT/1854/2023 DATED
04.05.2023, ISSUED ON BEHALF OF THE
THIRD RESPONDENT ALONG WITH ITS
ANNEXURE.
Exhibit-P1 TRUE COPY OF THE O.A.NO.180/0048/2022
FILED BEFORE THE HON'BLE CENTRAL
ADMINISTRATIVE TRIBUNAL, ERNAKULAM
BENCH DATED 20.01.202 ALONG WITH
ANNEXURES.
Exhibit-P2 TRUE COPY OF THE REPLY STATEMENT FILED
BY THE RESPONDENTS DATED 02.09.2022 IN
O.A.NO.180/0048/2022 ALONG WITH ITS
ANNEXURES.
Exhibit-P3 TRUE COPY OF M.A.NO.180/484/2023 IN
O.A.NO.180/484/2022 DATED 23.05.2023.
Exhibit-P4 TRUE COPY OF THE JUDGEMENT IN W.P.(C)
NO.16471/2007 DATED 28.02.2008 RENDERED
BY THE HON'BLE HIGH COURT OF KERALA.
Exhibit-P5 TRUE COPY OF ORDER IN O.A.NO.314/2019
DATED 24.01.2023 RENDERED BY THE
LEARNED C.A.T., AHMEDABAD BENCH.
Exhibit-P6 A TRUE COPY OF THE ORDER IN
O.A.NO.1015/2018 DATED 23.06.2023
RENDERED BY THE LEARNED C.A.T.,
ERNAKULAM BENCH
Exhibit-P7 TRUE COPY OF THE M.A.NO.180/1059/2023
IN O.A.NO.180/48/2022 FILED BEFORE THE
LEARNED TRIBUNAL DATED 02.11.2023.
Exhibit-P8 A TRUE COPY OF THE OBJECTION FILED BY
THE RESPONDENTS 1 TO 3 IN
M.A.NO.1059/2023 DATED 29.12.2023.
Exhibit-P9 TRUE COPY OF THE ORDER IN
M.A.NO.180/484/2023 & 1059/2023 IN
O.A.NO.180/48/2022 DATED 10.01.2024
RENDERED BY THE LEARNED TRIBUNAL.
